INTEGRATED SECURITY SERVICES LTD (ISSL)
This agreement is made on the ......... day of ………… Two Thousand Seven of the Christian Era.
BETWEEN
INTEGRATED SECURITY SERVICES LTD having its Head Office at House # 118, Road # 1, Block – F, Banani, Dhaka-1213, Bangladesh hereinafter referred to as “THE FIRST PARTY” which expression shall unless repugnant to the context shall mean and include its successors, legal representatives and assigns of the ONE PART.
AND
M/S ………………………………………………………………………………………………………………… Bangladesh hereinafter referred to as “THE SECOND PARTY” which expression shall unless repugnant to the context shall mean and include its successors, legal representatives and assigns of the OTHER PART.
Whereas the FIRST PARTY has trained personnel for the purpose of rendering security services to Residence/ Office/ Bank/ Factories/ Workshops etc purely on rental basis.
AND
Whereas the SECOND PARTY has requirement for members of trained persons for its ----------- under the following terms and conditions:
TERMS AND CONDITIONS
NOW THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. That the FIRST PARTY shall engage ............. number of unarmed Security Guards and ............ number of Security Supervisor for SECOND PARTY’S various installations i.e. ................................................................... Bangladesh.
2. That the FIRST PARTY being an independent organization will engage personnel for providing security services to SECOND PARTY’S installation and the personnel so engaged will be employees of the FIRST PARTY. The FIRST PARTY shall have the freedom in the selection procedure of the personnel to be engaged.
3. That the FIRST PARTY shall remain liable to the SECOND PARTY for proper discharge of their responsibilities of protecting the premises, properties, assets belonging to the SECOND PARTY, from intrusion, larceny loss, theft, robbery, vandalism, unauthorized trespasses, burglary, house breaking and malicious damages through personnel employed by them.
4. That the Inspector of the security guards shall make alternative arrangement in case any guard fails to report to his duty in time due to sickness or other justified grounds. The FIRST PARTY shall make arrangement for visits to ensure the performance of duties of the guards.
5. That the FIRST PARTY shall ensure inter alia that the personnel employed maintain and follow the SECOND PARTY’S office rules and discipline which will be supplied by the SECOND PARTY to the FIRST PARTY.
6. That the SECOND PARTY shall not place the services of the duty personnel other than the assignment hired by the SECOND PARTY as described in the Schedule.
7. That the SECOND PARTY lodges any complaint against any of the security guard, the FIRST PARTY shall forthwith withdraw the concerned guard(s) and provide a replacement immediately on receiving such complaint.
8. That the FIRST PARTY hereby binds themselves to keep their personnel free from all sorts of trade union activities, strike/hartal etc and will provide security services to the Factories/Premises of the SECOND PARTY at all times by employing well trained security personnel.
9. That all uniforms and all other related accessories of the security personnel will be supplied by the FIRST PARTY.
10. That in case of any theft or loss of articles, equipment and other materials of SECOND PARTY, a joint enquiry will be held immediately to apportion blame and if it is found in the joint enquiry that the loss or theft was committed due to the negligence of the personnel provided by the FIRST PARTY, it will be compensated by the FIRST PARTY, and the limit of such compensation, shall not exceed one month’s service bill in one calendar year.
11. That the SECOND PARTY shall not keep any money/cash/ornaments/movable valuable etc in the places where the FIRST PARTY provides security guards. However, if the same is kept in such places due to unavoidable situations it must be within the knowledge of the security guards and his written consent must be taken for the same and the Head Office of the FIRST PARTY should also be informed failing which the FIRST PARTY shall not be responsible for loss/damage/theft etc of the said items.
12. a. That the FIRST PARTY will not pay any compensation to the SECOND PARTY if it is found in the joint enquiry that the occurrence had happened due to the involvement of any personnel of the SECOND PARTY, having no connivance of any personnel of the FIRST PARTY. But nevertheless it will be the responsibility of the personnel of the FIRST PARTY to try their utmost to prevent the outlaws and take necessary steps for the safety of the properties, articles, equipments and other materials of the SECOND PARTY.
b. No compensation shall be paid to the customer for loss of any movable property unless the same is properly handed over to the guard for safe custody. This includes the cars, motorcycle, cycle or other removable items.
c. No compensation shall be paid to the customer if the loss/theft takes place due to the lack of security measures/arrangement recommended by the 1st party (ISSL).
d. The guard shall not be responsible for loss of money, ornaments/Jewelry/ Camera, watch or any other small office items, which can be carried away in pockets and personal bags.
e. Under no circumstance the customer can claim compensation without fixing responsibilities for the loss/damage of the article to the guard for his negligence through joint court of inquiry of equal representative of both the parties.
13. In the event of a dispute between the parties hereto arising out of this contract the matter in dispute may be referred to a board of Arbitrators consisting of two members, one to be nominated by each party and the arbitrator shall proceed in the matter in accordance with the provision of the arbitration Act 1940 as amended from time to time and incase disagreement between the arbitrators, the matter shall be referred to a common well wisher of both company and the customer and the decision of arbitrator/common well wisher shall be final and binding on both the parties.
14. That the FIRST PARTY will provide consultancy on security matters to the SECOND PARTY free of charge, from time to time for better service and mutual understanding of the security problems relating to SECOND PARTY’S installation for which guards are being provided.
15. That this agreement shall stand terminated with a 30 (thirty) days notice in writing by one party to the other to this effect. If the SECOND PARTY terminates the contract without giving one month’s notice to the FIRST PARTY, the SECOND PARTY will be liable to pay one month’s bill as demobilization expenditure.
16. That this agreement is executed for a period of 01 (one) year commencing from __________ to __________ and will be automatically renewable for equal period with 5% enhancement of service charge unless either party terminates the same by giving one month’s notice in writing before the end of the Greed period.
17. Any enactments by the government which is not covered in this agreement will be binding upon both the parties effective from the date of the government gadgets.
18. That on completion of the month the SECOND PARTY shall pay monthly bills or part bills submitted by the FIRST PARTY 07 (seven) days of the following month as per rate described in the schedule below.
19. If the SECOND PARTY fails to pay their monthly bills within the 10th day of the following month, FIRST PARTY reserves the right to withdraw its personnel without giving any notice and take necessary legal steps in this regard. The FIRST PARTY will not be responsible for any act of ill discipline, misconduct or negligence of duty by the security guards including theft or robbery during the default period of payment by the SECOND PARTY.
20 . The FIRST PARTY will not take any responsibilities in case of any loss or theft of any articles of the SECOND PARTY, in case the SECOND PARTY is a defaulter in payment.
SCHEDULE “A”
The rates per month are as follows:
a. Guard with licensed arms
b. Supervisor
c. Guard
Festival Bonus per festival for our personnel are given below:
a. Guard with licensed arms
b. Supervisor
c. Guard
IN WITNESS WHEREOF the parties hereto put their hands and seal on this day, month and year aforementioned.
SIGNATURE OF THE PARTIES
_______________________________ __________________________
Managing Director
On behalf of On behalf of
Integrated Security Service Limited.
WITNESS
___________________________________________ ________________________________
|
